Humanitarian and compassionate applications

Overview

Humanitarian and compassionate applications

A humanitarian and compassionate request asks for an exemption from immigration requirements in an exceptional case. The decision is discretionary and must consider the best interests of any child directly affected.

H&C is an exemption request, not a regular class

Section 25 of the Immigration and Refugee Protection Act permits consideration of a foreign national’s circumstances where an exemption or permanent residence is justified. It cannot overcome inadmissibility under the national-security, human-rights-violations, sanctions or organized-crime provisions listed in the Act.

The application must identify the precise legal requirements that need exemption and present the circumstances supporting relief.

Evidence should show the whole human impact

IRCC commonly considers establishment in Canada, family ties, consequences of refusal and the best interests of affected children. Evidence can include residence, work, tax, community, caregiving, education, health and family records.

Children’s interests receive substantial attention but do not dictate the outcome. Explain the child’s age, dependence, needs, relationships and likely conditions with objective evidence.

Protection risks belong in other processes

An H&C decision does not assess persecution, torture, risk to life or cruel and unusual treatment in the same way as a refugee claim or pre-removal risk assessment. Country conditions can still matter when connected to hardship, establishment or children, but the legal framework is different.

Do not withdraw a refugee claim merely to file H&C without understanding the consequences.

Statutory bars may prevent examination

A person cannot have more than one pending H&C request or a pending refugee claim. A 12-month bar commonly follows a negative, abandoned or withdrawn refugee claim, subject to limited child and medical exceptions. Designated foreign nationals face additional restrictions.

Filing H&C does not automatically stop removal. Status and enforcement issues must be addressed separately while the application is pending.